Service Tax Not Applicable on Liquidated Damages or Penalties u/s 67 Explanation for Non-Compliance with Contract Terms.

Levy of Service Tax - amount of liquidated damages/penalty collected by the appellant for non-compliance of the terms of the procurement contracts - - Explanation to sub-section (1) of section 67 clearly provides that only an amount that is payable for the taxable service will be considered as “consideration”. - demand of service tax on the amount collected towards liquidated damages and theft of electricity cannot sustain - AT .....

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